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BANCA SEMINAR ON THE EFFECT OF ARTIFICIAL INTELLIGENT ON AUTHORSHIP

BANCA SEMINAR ON THE EFFECT OF ARTIFICIAL INTELLIGENCE ON AUTHORSHIP

On February 20 2023, we had an honor to welcome Professor Jane Ginsburg to our office for a seminar regarding the effect of Artificial Intelligence (short as “AI” onwards) on Intellectual Property law. Mrs. Jane Ginsburg is an American attorney, an expert in copyright and now currently a professor of Literary and Artistic Property Law at the Columbia Law School. The seminar was attended by Mrs. Pham Hong Nhung, the director of BANCA LTD CO., Mr. Tran Nam Long, the partner in-charge of Litigation and the entire Banca team.

In the seminar, Prof. Ginsburg has discussed the fast-growing development of AI technology in the process of creating artworks in the case where AI technology is used as a tool for artists as well as to act on its own. The implications of the each scenarios on copyright holder are largely different. To elaborate her opinions, Prof. Ginsburg has used many case studies throughout years in the US with the existence of various technologies, e.g. camera, computer,…

In conclusion, Prof. Ginsburg stated that authorship requires both conception and execution. In which, conception requires more than an idea for which a detailed plan is presented including all the key elements of the work. Meanwhile, execution is when the person claiming authorship must in some way define and control all the steps that will lead to the completed work. Hence, to identify the authorship of an AI output, it is required to answer whether there is enough conception and control over execution to make the prompter an author.

A lot of questions were asked and a lot have been answered. We have had a very informative and educational session. Our view on the hot topic of AI and Authorship has been much clearer and wider. For this valuable opportunity, we got Prof. Jane Ginsburg to thank to. We hope we can have more chance to meet and discuss with Professor in the future.

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